It is traditional learning, indeed a commonplace legal premise, that arbitration is a private process created by private agreement. The arbitrator is a child of the contract, his powers are defined by the contract, and his award draws validity from the contract. But one cannot read the Supreme Court decisions of the last five years without a compelling awareness that this is an incomplete description of labor arbitration. For though arbitration is a private process, it performs a public function; though it is a creature of contract, it is an instrument of national labor policy
The privatization and contractualization of arbitration, while they empower parties and unburden pub...
A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent...
An increasing number of employers have established arbitration systems for resolving disputes in the...
It is traditional learning, indeed a commonplace legal premise, that arbitration is a private proces...
As indicated by Professor Morris\u27s thorough historical survey, arbitration has gone almost the wh...
The use of arbitration as a means of settling labor-management disputes has increased steadily in th...
There is a widespread perception that our judicial system needschanging. It is expensive, unnecessar...
Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Re...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive...
The law did not look kindly on arbitration in its infancy. As a process by which two or more parties...
Two developments frame this discussion: the demise of negotiated contracts as the predicate to enfor...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
Labor arbitration is often viewed as a more peaceful, productive, and private alternative to workpla...
At least two intersecting questions lurk in any study of international business arbitration. Each ar...
The privatization and contractualization of arbitration, while they empower parties and unburden pub...
A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent...
An increasing number of employers have established arbitration systems for resolving disputes in the...
It is traditional learning, indeed a commonplace legal premise, that arbitration is a private proces...
As indicated by Professor Morris\u27s thorough historical survey, arbitration has gone almost the wh...
The use of arbitration as a means of settling labor-management disputes has increased steadily in th...
There is a widespread perception that our judicial system needschanging. It is expensive, unnecessar...
Over twenty years ago Dean Shulman and Professor Cox debated through the pages of the Harvard Law Re...
In this Article, I argue that arbitration agreements fall somewhere along the middle of the rights/c...
The object of arbitration is the final disposition of the dispute in a non-technical, less expensive...
The law did not look kindly on arbitration in its infancy. As a process by which two or more parties...
Two developments frame this discussion: the demise of negotiated contracts as the predicate to enfor...
The Supreme Court simply stopped talking about the limits of arbitration as a mechanism for the adju...
Labor arbitration is often viewed as a more peaceful, productive, and private alternative to workpla...
At least two intersecting questions lurk in any study of international business arbitration. Each ar...
The privatization and contractualization of arbitration, while they empower parties and unburden pub...
A quarter century ago, in a provocative and prophetic article, David E. Feller lamented the imminent...
An increasing number of employers have established arbitration systems for resolving disputes in the...